Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC
7 years, 1 month ago

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC

Live Law  

The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings.A bench of Justice. The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings. In the instant case, petitioner Surendra Singh Nath had approached the high court seeking a writ of mandamus to command the Land Acquisition Officer/Additional District Magistrate, Ghazipur, and decide his claim of compensation for acquisition of land. It also referred to the Supreme Court decision in case titled V Chandrasekaran v Administrative Officer, wherein it was held that, “… a person who purchases land subsequent to the issuance of a Section 4 notification with respect to it, is not competent to challenge the validity of the acquisition proceedings on any ground whatsoever, for the reason that the sale deed executed in his favour does not confer upon him, any title and at the most he can claim compensation on the basis of his vendor's title”.

Compensation Court Acquisition Proceedings District Claim Two Months National Highways Magistrate Ghazipur Subsequent Purchaser No Locus Land Subsequent  acquisition  hc  claim  court  proceedings  land  subsequent  purchaser  initiation  challenge  compensation  district  person  magistrate  reiterates

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
9 hours, 28 minutes ago

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court

The Hindu  

The Supreme Court, in a judgment on Thursday, held that it was a fraud played on the State’s power of eminent domain if land acquired by the government for public purposes is transferred back to the original owner by the beneficiary of the acquisition through a private agreement. The verdict by a Bench of Chief Justice of India Sanjiv Khanna …

Court dismisses Pune man's land plea, fines petitioner Rs 1 lakh
3 days, 2 hours ago

Court dismisses Pune man's land plea, fines petitioner Rs 1 lakh

India Today  

The Bombay High Court on Monday imposed a cost of 1 lakh on a Pune resident while dismissing his writ petition challenging a land acquisition process completed in 1972. Khinvasara, who filed the petition in 2010, alleged, "The government had never lawfully acquired the land, had not paid compensation, and had inserted its name in the revenue records without due …

Allahabad HC cautions state over use of private land sans due legal process
1 week, 2 days ago

Allahabad HC cautions state over use of private land sans due legal process

Hindustan Times  

Prayagraj, The Allahabad High Court has warned the state authorities against the use of land of private citizens without following the proper legal procedure of acquisition. Allahabad HC cautions state over use of private land sans due legal process A division bench of Justices Manoj Kumar Gupta and Anish Kumar Gupta said in case of any default while taking land …

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition
1 week, 3 days ago

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition

Live Law  

The Allahabad High Court has cautioned the State Authorities against using land of private citizens without acquiring the same through proper procedure prescribed in law, stating that in case of any default heavy penalty will be imposed on the officers responsible for the same. Though in the case before it the Court refrained from imposing cost, the bench of Justice …

Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea
2 weeks, 1 day ago

Projects Of National Importance Can't Be Halted Due To Delay In Settling Award For Land-Losers: Punjab & Haryana High Court In NHAI's Plea

Live Law  

Observing that project of national importance should not be halted due to lackadaisical approach of authorities, the Punjab and Haryana High Court has directed the Punjab government to ensure the encumbrance-free possession of land for national highway projects, including the Delhi-Katra Expressway.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "this Court is required to be. Observing that project of national …

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project
Trending News
2 weeks, 1 day ago

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project

Live Law  

The Bombay High Court has set aside an award of land acquisition of agricultural lands for the purpose of Navi Mumbai Airport Project at Vahal Village in Panvel District, noting that there were procedural lapses in the proceedings. The Court observed that without invoking the urgency provisions in Section 17, Section 5A requirements were dispensed with and a Section 6 …

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947
3 weeks ago

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947

Live Law  

The Bombay High Court imposed Rs. 2 lakh in exemplary costs on the petitioners for 'taking chances' with the court process by filing a petition claiming ownership of land acquired in 1947, offering no explanation for the 77-year delay and making contradictory pleadings and unverified averments. Sonak and Justice Jitendra Jain remarked, “Based upon utterly contradictory pleadings regarding the status …

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC
3 weeks, 1 day ago

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC

Live Law  

The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour. The high court referred to the court's decision in a 2024 writ petition …

Supreme Court Annual Digest 2024: Land Laws
1 month, 1 week ago

Supreme Court Annual Digest 2024: Land Laws

Live Law  

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024 Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning …

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC
1 month, 2 weeks ago

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

Live Law  

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated. Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the …

Karnataka HC directs BDA to complete remaining 1.8 km road of PRR Part II project while refusing to quash acquisition of 31 acres of land
2 months, 1 week ago

Karnataka HC directs BDA to complete remaining 1.8 km road of PRR Part II project while refusing to quash acquisition of 31 acres of land

The Hindu  

While refusing to quash the acquisition of around 31 acres of land, which was acquired among other land parcels for the formation of the Peripheral Ring Road project but no award was passed for the land, the High Court of Karnataka has directed the Bangalore Development Authority to pay compensation for the land within six months and complete the remaining …

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
Trending News
2 months, 1 week ago

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

Live Law  

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration …

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
2 months, 2 weeks ago

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court

Live Law  

The Supreme Court today observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of. …

Kerala High Court clears estate land acquisition for Wayanad landslide victims
2 months, 3 weeks ago

Kerala High Court clears estate land acquisition for Wayanad landslide victims

India Today  

The Kerala High Court ruled that the state government can acquire estate lands identified by it to build a township for rehabilitating victims of the Wayanad landslide. The high court passed the judgment while dismissing a petition by Harrisons Malayalam Limited and Elstone Tea Estate Limited that sought to block the acquisition. The court clarified that the land acquisition must …

Telangana Legal Briefs | State told to pay compensation for land acquisition
3 months ago

Telangana Legal Briefs | State told to pay compensation for land acquisition

Deccan Chronicle  

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court expressed his displeasure over the conduct of state authorities in not paying compensation to an 84-year-old retired engineer in return for acquisition of his land. Earlier, the judge in the writ plea preferred by the petitioner directed the authorities to acquire the land of the petitioner which was illegally encroached, …

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
3 months ago

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court

Live Law  

Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The appellants, who had not filed a reference under Section …

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court
3 months, 1 week ago

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court

Live Law  

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision. It thus argued that the court could not grant compensation …

Legal Briefs | Telangana HC not to go into preliminary notification on land acquisition
3 months, 3 weeks ago

Legal Briefs | Telangana HC not to go into preliminary notification on land acquisition

Deccan Chronicle  

HYDERABAD: A two-judge panel of the Telangana High Court refused to interfere with a preliminary notification issued with regard to land acquisition at Dappur Waddi and Malgi villages in Sangareddy district for the proposed ‘pharma village’. Safeguard Sri Ranganayaka Swamy temple, HC tells endowments chief Justice N.V. Shravan Kumar of the Telangana High Court directed the commissioner of endowments department …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
3 months, 3 weeks ago

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case

Deccan Chronicle  

HYDERABAD: Justice T. Vinod Kumar of the Telangana High Court initiated contempt proceedings against senior government officials for failure to comply with court orders directing payment of enhanced compensation in a decade-old land acquisition case. Dissatisfied with the initial compensation, petitioner M. Balakrishna Reddy sought a reference under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and …

Land acquisition case: Top court warns Maharashtra it will halt its 'Ladli' schemes
7 months, 1 week ago

Land acquisition case: Top court warns Maharashtra it will halt its 'Ladli' schemes

India Today  

The Supreme Court has strongly criticised the state of Maharashtra for failing to offer a reasonable compensation amount in a land acquisition case. The court warned that if the state does not provide adequate compensation to the landowner, it will order the suspension of all welfare schemes, including the Ladli Behna program. A bench comprising Justices BR Gavai and KV …

NHAI delayed land acquisition: Punjab CM Mann in reply to Gadkari
7 months, 1 week ago

NHAI delayed land acquisition: Punjab CM Mann in reply to Gadkari

Hindustan Times  

Three days after Union road transport and highways minister Nitin Gadkari warned the Punjab government to improve law and order or lose eight highway projects, chief minister Bhagwant Mann on Tuesday blamed the National Highways Authority of India for the delay in land acquisition and the two incidents of threats and violence in Jalandhar and Ludhiana on causes attributable to …

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation
7 months, 1 week ago

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation

Live Law  

The Supreme Court today sharply rebuked the State of Maharashtra for not coming up with a reasonable amount for compensation in a case wherein the State illegally occupied a person's property nearly six decades ago and allotted a notified forest land instead. The Court gave a stern warning that if the State does not give reasonable compensation to the person …

Officials told to compensate farmers for land acquired for highways in Sri Sathya Sai district
8 months, 3 weeks ago

Officials told to compensate farmers for land acquired for highways in Sri Sathya Sai district

The Hindu  

Joint Collector Abhishek Kumar has instructed the officials to prepare action plans to provide compensation to the farmers whose lands have been acquired for the National Highway projects in Sri Sathya Sai district. During a review meeting at the Collectorate here on June 27, the Joint Collector also discussed the issues pertaining to land acquisition and compensation for farmers in …

Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court
11 months, 2 weeks ago

Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court

Live Law  

The Allahabad High Court single bench of Justice Jaspreet Singh held that questions of implications of agreements, Section 64 of the Contract Act, whether the disputes relate to the construction stage or implications of legal provisions of National Highways Act, 1956 need to be decided by the arbitral tribunal. of U.P.. Disputes arose and the Petitioner filed an application under …

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court
11 months, 3 weeks ago

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court

Live Law  

The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The High Court clarified that the Act of 1956's provisions governed the entire compensation determination process, rendering Section 64 of the Act of 2013 inapplicable to the present matter. …

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
1 year, 1 month ago

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award

Live Law  

The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record. A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order …

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu
1 year, 2 months ago

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu

India Today  

The Bombay High Court has directed the Maharashtra government to promptly provide revised compensation to 20 landowners whose lands were acquired for the Mumbai Trans Harbour Sea Link Project, now known as "Atal Setu." The court noted that land acquisition proceedings initiated under the Land Acquisition Act of 1894 had lapsed due to non-compliance with statutory procedures. It directed state …

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation
1 year, 2 months ago

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation

Live Law  

The State cannot cite delay in approaching the court to absolve itself of its responsibility towards those whose private property has been “expropriated” or taken for public use without compensation, the Bombay High Court has held. A division bench comprising Justices BP Colabawalla and Somasekhar Sundaresan ordered the Collector of Thane to compute compensation payable to Damodarprasad Bhadani's family under …

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
1 year, 4 months ago

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records

Live Law  

The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court …

'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI
1 year, 6 months ago

'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI

Live Law  

The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land …

HC Demands all Records of Land Acquisition for Colony in Gajwel
1 year, 7 months ago

HC Demands all Records of Land Acquisition for Colony in Gajwel

Deccan Chronicle  

HYDERABAD: Taking a serious view of the allegations of fraudulent gazette notification for extension of the preliminary notification for land acquisition for works related to the Mallannasagar reservoir, the Telangana High Court on Friday directed revenue officials to produce the entire record of the gazette notification for acquisition of 102 acres in Survey No. Chief Justice Alok Aradhe and Justice …

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court
1 year, 8 months ago

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court

Live Law  

Seven years after passing of compensation award for land acquisition in Mangu village near Solang, the Himachal Pradesh High Court on Tuesday ordered that the award be referred to the Statutory authority for determination of the compensation. It observed that Section 12 of the Land Acquisition Act 1894, which mandates notice of passing of the award to the interested persons, …

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court
1 year, 8 months ago

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that the cause of action for referring the dispute to arbitrator under Section 3G of the National Highways Act, 1956 arises on the date of the determination of the amount of compensation by the competent authority under Section 3G of the Act. The bench of Justice Milind Ramesh Phadke held that though there …

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam
1 year, 11 months ago

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

Live Law  

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road. "Till the property of the petitioners is acquired by following due process of …

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court
1 year, 11 months ago

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court

Live Law  

The Supreme Court has held once the land owner refuses to accept the compensation offered by the Land Acquiring Body, thereafter the land owner cannot to pray for lapse of acquisition on the ground that the compensation has not been paid. Thereafter, the Division Bench of the High Court held that the land acquisition is deemed to have lapsed under …

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court
2 years ago

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court

Live Law  

The Bombay High Court recently held that once a land acquisition compensation award is passed under the National Highways Act, 1956 by the competent authority, the authority cannot make corrections in it. " It cannot be held that the Competent Authority under the National Highways Act, 1956, would have any power or authority to either correct the award for any …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

BRS to stay away from land acquisition for infra projects in poll year
2 years ago

BRS to stay away from land acquisition for infra projects in poll year

Deccan Chronicle  

Hyderabad: With the state due for elections later this year, the state government has put on hold land acquisition for infrastructure projects, including the Hyderabad regional ring road and master plans in municipality areas, due to stiff resistance from landowning farmers. Besides the RRR issue, the government’s plan to revamp existing master plans or lay out new master plans for …

Supreme Court Annual Digest 2022- Land Laws
2 years, 1 month ago

Supreme Court Annual Digest 2022- Land Laws

Live Law  

Agricultural Produce Markets Act, 1961 - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. Special Land Acquisition Officer v. N. Savitha, 2022 LiveLaw 316 : 7 SCC 256 Land Acquisition Act, 1894; Section 11A, 17 - The provision contained in Section 11A shall be applicable to …

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition
2 years, 3 months ago

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition

Live Law  

The Himachal Pradesh High Court, while disposing of a petition filed for compensation by a person whose land was acquired by the NHAI, held that once the land has been acquired by the NHAI under the relevant statutory provisions, the authorities could not divest themselves or reconvey the land on the basis that the acquired land was no longer required …

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court
2 years, 4 months ago

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court

Live Law  

The Supreme Court reiterated that a subsequent purchaser has no right to claim lapse of acquisition proceedings.In this case, the land in question was notified to be acquired under Section 4 of the Land Acquisition Act, 1894 on 25.11.1980; declaration under Section 6 was issued on 07.06.1985; and award came to be declared by the Collector on 17.06.1987. Vs. Commissioner, …

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court
2 years, 5 months ago

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court

Live Law  

The Supreme Court of India recently urged to take a view that advances the cause of justice rather than a technical view while dealing with matters on payment of compensation to land losers. It was submitted that in the order dated 29.01.2018, the Supreme Court had not directed the applicant-MTDC to deposit the entire compensation amount awarded by the Reference …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 8 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC
2 years, 9 months ago

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3 thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil …

Land acquired after possession and payment of compensation vests with State, says Supreme Court
2 years, 9 months ago

Land acquired after possession and payment of compensation vests with State, says Supreme Court

Firstpost  

The top court noted that the petitioner’s land was acquired, its possession taken over and the payment of compensation under the Land Acquisition Act, 1894 paid New Delhi: Land acquired by authorities after its possession and payment of compensation under the Land Acquisition Act vests with the State, free from all encumbrances, the Supreme Court has said. The top court …

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC
2 years, 9 months ago

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC

Live Law  

The Calcutta High Court has recently observed that since the right to property is a valuable right guaranteed under Section Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition. A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an appeal …

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project
2 years, 9 months ago

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project

Live Law  

The Allahabad High Court recently dismissed pleas challenging land acquisition notifications of the Union Government for the purpose of widening, maintenance, management, and operation of National Highways in district Pilibhit under the Green National Highway Corridor ProjectThe Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir noted that the project is for the development. The Allahabad High Court …

Purchaser Has No Right To Claim Lapsing Of Land Acquisition Proceedings Under Sec 24 RFCTLARR Act : Supreme Court
2 years, 10 months ago

Purchaser Has No Right To Claim Lapsing Of Land Acquisition Proceedings Under Sec 24 RFCTLARR Act : Supreme Court

Live Law  

"The purchaser has no right to claim lapsing of acquisition proceedings in view of the recent larger Bench judgment of this Court reported as Shiv Kumar & Anr. A Bench comprising Justices Hemant Gupta and V. Ramasubramanian allowed appeal filed by Delhi Development Authority assailing the order of the Delhi High Court which had allowed writ petition seeking declaration that …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 10 months ago

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court

Live Law  

The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. Section 23 of the Land Acquisition Act, 1894 provides that the Court shall award an additional market value of 12% on the land acquired under the …

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway
2 years, 10 months ago

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway

Live Law  

The Gujarat High Court recently allowed the writ petition of a land-owner, seeking directions to re-compute the award passed by the competent authority in pursuance of land acquisition proceedings for the purpose of construction of Vadodara-Mumbai Expressway. The Petitioners sought that the compensation be revised by applying the market value of the land with Multiplier Factor-2 since the land was …

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